Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 38025 

TABLE 1—TAKE ANALYSIS—Continued 

Species Authorized 

take 1 Abundance 2 Percent abundance 

Kogia spp ..................................................................................................................................... 4 27 4,373 0.6 

Beaked whales ............................................................................................................................ 378 3,768 10.0 

Rough-toothed dolphin ................................................................................................................ 45 4,853 0.9 

Bottlenose dolphin ....................................................................................................................... 259 176,108 0.1 

Clymene dolphin .......................................................................................................................... 152 11,895 1.3 

Atlantic spotted dolphin ............................................................................................................... 98 74,785 0.1 

Pantropical spotted dolphin ......................................................................................................... 688 102,361 0.7 

Spinner dolphin ............................................................................................................................ 184 25,114 0.7 

Striped dolphin ............................................................................................................................. 59 5,229 1.1 

Fraser’s dolphin ........................................................................................................................... 5 65 1,665 3.9 

Risso’s dolphin ............................................................................................................................. 46 3,764 1.2 

Melon-headed whale ................................................................................................................... 6 100 7,003 1.4 

Pygmy killer whale ....................................................................................................................... 20 2,126 0.9 

False killer whale ......................................................................................................................... 31 3,204 1.0 

Killer whale .................................................................................................................................. 0 267 n/a 

Short-finned pilot whale ............................................................................................................... 28 1,981 1.4 

1Scalar ratios were not applied in this case due to brief survey duration. 

2Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to 

be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was 

produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual 

abundance is available. For the killer whale, the larger estimated SAR abundance estimate is used. 3The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s 

whale (Balaenoptera ricei) (Rosel et al., 2021). 4 Includes 1 take by Level A harassment and 26 takes by Level B harassment. 

5 Modeled take of 17 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

6 Modeled take of 97 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006). 

Based on the analysis contained 

herein of Chevron’s proposed survey 

activity described in its LOA 

application and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals will 

be taken relative to the affected species 

or stock sizes (i.e., less than one-third of 

the best available abundance estimate) 

and therefore the taking is of no more 

than small numbers. 

Authorization 

NMFS has determined that the level 

of taking for this LOA request is 

consistent with the findings made for 

the total taking allowable under the 

incidental take regulations and that the 

amount of take authorized under the 

LOA is of no more than small numbers. 

Accordingly, we have issued an LOA to 

Chevron authorizing the take of marine 

mammals incidental to its geophysical 

survey activity, as described above. 

Dated: July 14, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–15239 Filed 7–16–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB149] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Service Pier 

Extension Project at Naval Base Kitsap 

Bangor, Washington 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; request for comments on 

proposed renewal incidental harassment 

authorization. 

SUMMARY: NMFS received a request from 

the United States Navy (Navy) for the 

renewal of their currently active 

incidental harassment authorization 

(IHA) to take marine mammals 

incidental to the Service Pier Extension 

(SPE) Project at Naval Base Kitsap 

Bangor in Silverdale, Washington. 

These activities are identical with 

activities that were covered by the 

current authorization, but will not be 

completed prior to its expiration. 

Pursuant to the Marine Mammal 

Protection Act, prior to issuing the 

currently active IHA, NMFS requested 

comments on both the proposed IHA 

and the potential for renewing the 

initial authorization if certain 

requirements were satisfied. The 

renewal requirements have been 

satisfied, and NMFS is now providing 

an additional 15-day comment period to 

allow for any additional comments on 

the proposed renewal not previously 

provided during the initial 30-day 

comment period. 

DATES: Comments and information must 

be received no later than August 3, 

2021. 

ADDRESSES: Comments should be 

addressed to Jolie Harrison, Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service. Written 

comments should be submitted via 

email to ITP.Potlock@noaa.gov. 

Instructions: NMFS is not responsible 

for comments sent by any other method, 

to any other address or individual, or 

received after the end of the comment 

period. Comments, including all 

attachments, must not exceed a 25- 

megabyte file size. Attachments to 

comments will be accepted in Microsoft 

Word or Excel or Adobe PDF file 

formats only. All comments received are 

a part of the public record and will 

generally be posted online at https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act without 

change. All personal identifying 

information (e.g., name, address) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit confidential business 


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38026 Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 

information or otherwise sensitive or 

protected information. 

FOR FURTHER INFORMATION CONTACT: 

Kelsey Potlock, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the original 

application, renewal request, and 

supporting documents (including NMFS 

Federal Register notices of the original 

proposed and final authorizations, and 

the previous IHA), as well as a list of the 

references cited in this document, may 

be obtained online at: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-servicepier-extension-project-naval-basekitsap-bangor. In case of problems 

accessing these documents, please call 

the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The Marine Mammal Protection Act 

(MMPA) prohibits the ‘‘take’’ of marine 

mammals, with certain exceptions. 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce (as delegated 

to NMFS) to allow, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals by 

U.S. citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made and either 

regulations are proposed or, if the taking 

is limited to harassment, a notice of a 

proposed incidental take authorization 

is provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of such species or stocks for 

taking for certain subsistence uses 

(referred to here as ‘‘mitigation 

measures’’). Monitoring and reporting of 

such takings are also required. The 

meaning of key terms such as ‘‘take,’’ 

‘‘harassment,’’ and ‘‘negligible impact’’ 

can be found in section 3 of the MMPA 

(16 U.S.C. 1362) and the agency’s 

regulations at 50 CFR 216.103. 

NMFS’ regulations implementing the 

MMPA at 50 CFR 216.107(e) indicate 

that IHAs may be renewed for 

additional periods of time not to exceed 

one year for each reauthorization. In the 

notice of proposed modification IHA (85 

FR 74989; November 24, 2020), NMFS 

described the circumstances under 

which we would consider issuing a 

renewal for this activity, and requested 

public comment on a potential renewal 

under those circumstances. Specifically, 

on a case-by-case basis, NMFS may 

issue a one-time one-year renewal IHA 

following notice to the public providing 

an additional 15 days for public 

comments when (1) up to another year 

of identical or nearly identical, or nearly 

identical, activities as described in the 

Detailed Description of Specified 

Activities section of the initial IHA 

issuance notice is planned or (2) the 

activities as described in the Detailed 

Description of Specified Activities 

section of the initial IHA issuance 

notice would not be completed by the 

time the initial IHA expires and a 

renewal would allow for completion of 

the activities beyond that described in 

the DATES section of the notice of 

issuance of the initial IHA, provided all 

of the following conditions are met: 

(1) A request for renewal is received 

no later than 60 days prior to the needed 

renewal IHA effective date (recognizing 

that the renewal IHA expiration date 

cannot extend beyond one year from 

expiration of the initial IHA). 

(2) The request for renewal must 

include the following: 

• An explanation that the activities to 

be conducted under the requested 

renewal IHA are identical to the 

activities analyzed under the initial 

IHA, are a subset of the activities, or 

include changes so minor (e.g., 

reduction in pile size) that the changes 

do not affect the previous analyses, 

mitigation and monitoring 

requirements, or take estimates (with 

the exception of reducing the type or 

amount of take). 

• A preliminary monitoring report 

showing the results of the required 

monitoring to date and an explanation 

showing that the monitoring results do 

not indicate impacts of a scale or nature 

not previously analyzed or authorized. 

(3) Upon review of the request for 

renewal, the status of the affected 

species or stocks, and any other 

pertinent information, NMFS 

determines that there are no more than 

minor changes in the activities, the 

mitigation and monitoring measures 

will remain the same and appropriate, 

and the findings in the initial IHA 

remain valid. 

An additional public comment period 

of 15 days (for a total of 45 days), with 

direct notice by email, phone, or postal 

service to commenters on the initial 

IHA, is provided to allow for any 

additional comments on the proposed 

renewal. A description of the renewal 

process may be found on our website at: 

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentalharassment-authorization-renewals. 

Any comments received on the potential 

renewal, along with relevant comments 

on the initial IHA, have been considered 

in the development of this proposed 

IHA renewal, and a summary of agency 

responses to applicable comments is 

included in this notice. NMFS will 

consider any additional public 

comments prior to making any final 

decision on the issuance of the 

requested renewal, and agency 

responses will be summarized in the 

final notice of our decision. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

incidental harassment authorization) 

with respect to potential impacts on the 

human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (incidental 

harassment authorizations with no 

anticipated serious injury or mortality) 

of the Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS has 

determined that the issuance of the IHA 

qualifies to be categorically excluded 

from further NEPA review. 

History of Request 

On June 28, 2018, NMFS published a 

notice of our issuance of an IHA to the 

United States Navy (Navy) authorizing 

take of five species of marine mammals 

by Level A and Level B harassment 

incidental to the pile installation and 

removal activities (by impact pile 

driving and vibratory pile driving) for 

the Service Pier Extension (SPE) Project 

at Naval Base Kitsap Bangor in 

Silverdale, Washington (83 FR 30406). 

Species authorized for take included 

killer whales (Orcinus orca; transient 

stock only), harbor porpoise (Phocoena 

phocoena vomerina), California sea 

lions (Zalophus californianus), Steller 

sea lions (Eumetopias jubatus 

monteriensis), and harbor seals (Phoca 

vitulina richardii). The effective dates of 


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that IHA were July 16, 2019 through 

July 15, 2020. 

On February 4, 2019, the Navy 

informed NMFS that the project was 

being delayed by one full year. None of 

the work identified in the initial IHA 

(83 FR 30406; June 28, 2018) had 

occurred and no marine mammals had 

been taken during the effective dates of 

the original IHA, and the Navy 

submitted a formal request for 

reissuance of the initial IHA with new 

effective dates of July 16, 2020 through 

July 15, 2021 and no other changes. 

NMFS re-issued this IHA on July 3, 

2019 (84 FR 31844). 

On October 14, 2020, NMFS received 

a request from the Navy for a 

modification to the re-issued IHA due to 

an elevated harbor seal take rate. The 

Navy felt that without an increase in 

authorized take of harbor seals, they 

would be forced to repeatedly shutdown 

whenever animals entered into the 

specified Level A harassment zones. 

This would likely prolong the duration 

of in-water construction activities and 

add increased costs to the project. 

Following a 30-day public comment 

period, NMFS issued a modified IHA, 

including revisions to mitigation and 

increased authorized takes by Level A 

harassment for harbor seals (85 FR 

86538, December 30, 2020), and kept the 

same July 15, 2021 expiration date that 

was initially published in the reissuance 

(84 FR 31844; July 3, 2019). 

On April 26, 2021, NMFS received an 

application for a renewal of the current 

IHA (85 FR 86538; December 30, 2020). 

As described in the application for 

renewal IHA, the activities for which 

incidental take is requested consist of 

activities that are covered by the 

modified IHA but will not be completed 

prior to its expiration, and the take 

estimates for all species are based on the 

2018 initial IHA and subsequent 2020 

modification (for harbor seals only). As 

required, the applicant also provided a 

preliminary monitoring report (available 

at https://www.fisheries.noaa.gov/ 

action/incidental-take-authorizationservice-pier-extension-project-navalbase-kitsap-bangor) which confirms that 

the applicant has implemented the 

required mitigation and monitoring, and 

which also shows that no impacts of a 

scale or nature not previously analyzed 

or authorized have occurred as a result 

of the activities conducted. This 

application was considered adequate 

and complete on June 15, 2021. 

Worth noting and as stated above, 

NMFS has previously issued an IHA 

and subsequent reissuances and 

modifications to the Navy for the subset 

of activities contained in the Navy’s 

2021 renewal IHA request. Because the 

full scope of activities were originally 

addressed in the initial 2018 IHA (83 FR 

30406; June 28, 2018) and the 2020 

modified IHA (85 FR 86538), any 

discussion regarding the scope of 

analysis and evaluations in this 

document relating specifically to the 

issuance of the renewal are explained in 

more detail in the initial IHA (83 FR 

30406; June 28, 2018), in the 

subsequently proposed modified (85 FR 

74989; November 24, 2020), and in the 

final modified IHA (85 FR 86538; 

December 30, 2020). 

Description of the Specified Activities 

and Anticipated Impacts 

The Navy will be unable to complete 

all the planned work during the 160-day 

in-water work window (125 days for the 

steel pile installation and extraction 

using a combination of vibratory and 

impact methods, and 35 days for the 

concrete impact pile installation) 

described in the 2018 IHA at Naval Base 

Kitsap Bangor before the expiration date 

of July 15, 2021. Therefore, they have 

requested a renewal IHA to authorize 

take of marine mammals for the subset 

of the initially planned work that is not 

expected to be completed. 

As described in the renewal 

application and conducted under the 

IHAs to date, the Navy planned to 

install 203 36-inch (90 centimeter (cm)) 

diameter steel piles and 50 24-inch (60 

cm) diameter steel pipe support piles). 

Both of these would have been 

completed using vibratory and impact 

‘‘proofing’’ methods (using an impact 

hammer to test the functionality of the 

pile installation). The Navy also 

planned to temporarily install and 

subsequently extract 27 36-inch (90 cm) 

diameter steel falsework piles by 

vibratory hammer with impact 

‘‘proofing’’. Thirty-six creosote timber 

piles (19 18-inch (45 cm) diameter and 

17 15-inch (38 cm) diameter piles) 

would have been removed using a 

vibratory hammer. Lastly, 103 18-inch 

(45 cm) square concrete fenders piles 

would have been installed via impact 

pile driving. The Monitoring Report 

submitted by the Navy described only a 

fraction of these activities of which take 

was authorized under the current IHA 

occurred, as determined by their project 

engineers. These include the removal of 

22 18-inch creosote-treated timber piles, 

the installation of 11 24-inch steel piles 

for the small craft and mooring 

dolphins, and the installation of 176 36- 

inch steel piles for the pier and wave 

screen attachment. 

The only work that remains is the 

installation of the 103 18-inch square 

concrete fender piles by impact pile 

driving. These activities were not able to 

occur during the current IHA. The Navy 

expects that this will require 35 days 

during a specified in-water work 

window (July 16 through January 15) 

during the year allowed by the renewal 

IHA. This work window is the same as 

discussed in the 2018 IHA where work 

is targeted to avoid conducting activities 

when ESA-listed juvenile salmonids are 

likely to be present in the area 

(February–July; USACE, 2015). 

The mitigation and monitoring would 

be identical to that included in the 2018 

IHA (83 FR 30406; June 28, 2018), with 

the exception of specified shutdown 

parameters due to the presence of 

harbor seals added in the modified IHA 

(85 FR 86538; December 30, 2020). All 

documents associated with the 2018 

IHA (i.e., the IHA application, the 

proposed IHA, the public comments, the 

final IHA, references, and the 

monitoring reports) can be found on 

NMFS’s website: https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-servicepier-extension-project-naval-basekitsap-bangor. All documents associated 

with the subsequent reissuances and 

modifications (Federal Register notices, 

draft and final IHAs, and public 

comments) can be found at this location. 

Anticipated impacts, which would 

include both Level A and Level B 

harassment of marine mammals, would 

also be identical to those analyzed and 

authorized in the 2018 IHA (though 

fewer, since this project is comprised of 

a subset of activities). Species with the 

expected potential to be present during 

all or a portion of the in-water work 

window include the killer whale, the 

harbor porpoise, the California sea lion, 

the Steller sea lion, and the harbor seal. 

Monitoring results from the 2020–2021 

construction activities (Table 1) indicate 

that observed exposures above Level A 

and Level B harassment thresholds were 

below the amount authorized in 

association with the amount of work 

conducted (see the Marine Mammal 

Monitoring Report on NMFS’s website). 

Thus, a subset of Level A and Level B 

harassment takes remaining from those 

authorized under the 2018 IHA (and 

subsequent reissuances and 

modifications) will be sufficient to cover 

the 2021–2022 concrete pile installation 

activities during the 2021 renewal IHA. 


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TABLE 1—TAKE AUTHORIZED BY SPECIES AND STOCK IN 2020–2021 IHA AND OBSERVED TAKE IN THE 2020–2021 

CONSTRUCTION WINDOW

Species Stock 

Authorized 

Level A 

harassment 

takes 

Authorized 

Level B 

harassment 

takes 

Observed 

Level A 

harassment 

takes 

Observed 

Level B 

harassment 

takes 

Killer whale ........................................ West coast transient ........................ 0 48 0 2 0 

Harbor porpoise ................................ Washington inland waters ................ 0 2,728 0 451 

California sea lion ............................. United States .................................... 0 7,816 0 251 

Steller sea lion .................................. Eastern United States ...................... 0 503 0 16 

Harbor seal ....................................... Hood Canal ...................................... 1 509 1 5,216 129 429 

1 Changed per public comments addressed on the notice of the final modified IHA (85 FR 86538; December 30, 2020). 

2Observed by Protected Species Observers (PSOs; also referred to as Marine Mammal Observers (MMOs) in the 2018 IHA) outside of pile 

driving and removal activities; subsequently not taken during this project. Further information on Marine Mammal Monitoring Report can be found 

on NMFS’s website. 

Detailed Description of the Activity 

A detailed description of the 

construction activities for which take is 

proposed here may be found in the 

notices of the proposed and final IHAs 

for the 2018 authorization. The work 

would be identical to a subset of the 

activities analyzed in the 2018 IHA and 

include impact pile driving for the 

installation of concrete piles. 

All piles for which take was originally 

authorized in the 2018 IHA were 

expected to be installed/removed during 

the 2020–2021 in-water work window 

from July 16 through January 15. 

Vibratory pile driving activities (i.e., 

pile removal) began on July 16, 2020. 

Impact pile driving began on September 

11, 2020. However, due to construction 

schedule delays, designated work was 

only conducted on a portion of those 

days designated for pile installation 

and/or extraction during the 2018 IHA. 

Observers were on site for a total of 99 

days, of which 95 of those days 

contained monitoring effort (644 hours; 

inclusive of periods of active pile 

driving and periods between pile 

driving events). Observers did not 

conduct monitoring on October 21, 2020 

or on the 14th, 15th, and 16th of 

September 2020 because no pile driving 

occurred on those dates. The Marine 

Mammal Monitoring Report states that 

monitoring days were limited due to 

low visibility from local wildfires in the 

area. Further information can be found 

in the Monitoring Report on NMFS’s 

website. 

Table 2 shows the activities under the 

2018 IHA (and subsequent reissuance 

and modification) that were completed 

from the 2020–2021 construction period 

and the subset of work that remains for 

the 2021–2022 construction period 

under this renewal IHA. The concrete 

pile driving activities would be timed to 

occur within the standard NMFS work 

window for Endangered Species Act 

(ESA)-listed fish species (July 16 

through January 15). 

TABLE 2—PILE INSTALLATIONS COMPLETED DURING THE 2020–2021 CONSTRUCTION PERIOD UNDER THE REISSUED IHA 

(84 FR 31844; JULY 3, 2019) AND REMAINING SUBSET PLANNED FOR THE 2021–2022 CONSTRUCTION WINDOW

DURING THE RENEWAL IHA 

SPE project feature Pile type Pile installation and/ 

or extraction method 

Numbers of 

piles included 

in 2018 IHA 

Number of piles 

completed during 

2020–2021 

construction period 2

Number of 

piles 

requested for 

2021 renewal 

application 

Number of pile 

driving days 

for 2021–2022 

construction 

period 

Pile removal from 

existing wave 

screen and pier.

15-inch (38 cm) to 

18-inch (45 cm) 

creosote-treated 

timber.

Vibratory .................. 36 22 (18-inch only) ....... 0 0 

Temporary 

Falsework.

36-inch steel (30 cm) Vibratory installation 

and removal with 

potential ‘‘proofing’’.

27 0 ................................ 0 0 

Small craft mooring 

and dolphins.

24-inch steel (60 cm) Vibratory with 

‘‘proofing’’.

50 11 .............................. 0 0 

Pier and wave 

screen attachment.

36-inch steel (90 cm) Vibratory with 

‘‘proofing’’.

203 176 ............................ 0 0 

Fender piles ............. 18-in concrete (45 

cm).

Impact ...................... 103 0 ................................ 103 35 

Total .................. .................................. .................................. 419 1 209 .......................... 103 35 

1Some of these piles were installed and some were removed per the specific project activity. Some of the total piles were temporarily installed 

and subsequently removed after installation. A total of 209 piles were utilized in construction activities during 2020–2021, in which 187 piles were 

installed, 22 piles were removed, and 0 piles were installed temporarily and then subsequently removed. 2Per the Navy’s submitted Monitoring Report, not all piles for which take was originally authorized were installed or removed. 

The proposed renewal would be 

effective from the date of issuance to 

July 15, 2022. A detailed description of 

the impact pile construction activities 

for which take is proposed here may be 

found in the notices of the proposed and 

final IHAs for the initial authorization. 

The location, timing, and nature of the 

activities, including the types of 


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equipment planned for use, are identical 

to those described in the previous 

notices. 

Description of Marine Mammals 

A description of the marine mammals 

in the area of the activities for which 

authorization of take is proposed here, 

including information on abundance, 

status, distribution, and hearing, may be 

found in the notices of the proposed and 

final IHAs for the initial authorization. 

NMFS has reviewed the monitoring data 

from the initial 2018 IHA, recent draft 

Stock Assessment Reports (SARs), 

information on relevant Unusual 

Mortality events, and other scientific 

literature, and determined that neither 

this nor any new information affects 

which species or stocks have the 

potential to be affected or the pertinent 

information in the Description of the 

Marine Mammals in the Area of 

Specified Activities contained in the 

supporting documents for the 2018 IHA. 

The only changes from the 2018 IHA are 

an increase in the stock abundance of 

west coast transient killer whales (from 

243 in 2009 to 349 in 2018), a decrease 

in the abundance of United States stock 

California sea lions (from 296,750 in 

2011 to 257,606 in 2014), and an 

increase in the stock abundance of 

Steller sea lions of the eastern United 

States stock (from 41,638 in 2015 to 

43,201 in 2017) (Carretta et al., 2018, 

Muto et al., 2019, Muto et al., 2020). 

Preliminary determinations concluded 

from this updated information do not 

change the findings or conclusions from 

the initial IHA. 

Potential Effects on Marine Mammals 

and Their Habitat 

A description of the potential effects 

of the specified activity on marine 

mammals and their habitat for the 

activities for which take is proposed 

here may be found in the notices of the 

proposed and final IHAs for the initial 

2018 authorization. NMFS has reviewed 

the monitoring data from the reissued 

IHA (83 FR 30406; June 28, 2018) and 

the modified IHA (85 FR 86538; 

December 30, 2020), recent draft Stock 

Assessment Reports, information on 

relevant Unusual Mortality Events, and 

other scientific literature, and 

determined that neither this nor any 

other new information affects our initial 

analysis of impacts on marine mammals 

and their habitat. 

Estimated Take 

As stated above in the Description of 

the Specified Activities and Anticipated 

Impacts section, the purpose of this 

renewal IHA is to authorize take of 

marine mammals for the subset of the 

initially planned work that could not be 

completed before the expiration of the 

current IHA (July 15, 2021). The work 

completed in 2020–2021 and the subset 

that is left to be completed during the 

2021–2022 construction window is 

listed in Table 2. 

A detailed description of the methods 

and inputs used to estimate take for the 

specified activity are found in the 

notices of the proposed (83 FR 10689; 

March 12, 2018) and final (83 FR 30406; 

June 28, 2018) IHAs for the initial 

authorization, and for Level A 

harassment of harbor seals in the 

subsequent 2020 modification (85 FR 

86538; December 30, 2020). Specifically, 

the source levels, days of operation 

(specific to the 35-days for the concrete 

pile installation), and marine mammal 

density and occurrence data applicable 

to this authorization remain unchanged 

from the previously issued IHA and 

modification, just the new, lesser 

remaining level of activity has been 

applied. Similarly, the stocks taken, 

methods of take, and types of take 

remain unchanged from the previously 

issued 2018 IHA. The only difference 

would be the take numbers to be 

authorized during the 2021–2022 

project, which would be composed of a 

subset of take previously authorized per 

the previous methods discussed in the 

2018 IHA and subsequent modification. 

Of note, as described in the notice of 

the proposed (85 FR 74989; November 

24, 2020) and final modified IHA (85 FR 

86538; December 30, 2020), at the time 

of the modification, PSOs had reported 

up to eight individually identifiable 

harbor seals that were frequenting the 

project site and believed to be 

habituated by varying degrees to inwater construction activities. The 

Navy’s recent Monitoring Report for 

work conducted under the reissued and 

modified IHAs reported nine 

individually identifiable harbor seals; 

however, in consideration of the Navy’s 

monitoring data overall, NMFS expects 

that the previous Level A harassment 

take calculation for harbor seals was 

already conservative, and did not 

recalculate using an estimated nine 

Level A harassment takes per day. 

These proposed amounts of Level A 

and Level B harassment are indicated 

below in Table 3. 

TABLE 3—PROPOSED TAKE OF MARINE MAMMAL STOCKS AND PERCENTAGE OF STOCK OR POPULATION FOR THE

RENEWAL IHA DURING THE 2021–2022 PROJECT PERIOD

Species Scientific name Stock 

Proposed 

authorized 

Level A 

harassment 

take 

Proposed 

authorized 

Level B 

harassment 

take 

Percent of stock proposed to 

be taken 

Level A 

harassment 

Level B 

harassment 

Killer whale ................... Orcinus orca ................ West coast transient ... 0 0 0 3 0 

Harbor porpoise ............ Phocoena phocoena 

vomerina.

Washington inland 

waters.

0 0 0 3 0 

California sea lion ......... Zalophus californianus United States .............. 0 1,710 0 0.7 

Steller sea lion .............. Eumetopias jubatus 

monteriensis.

Eastern United States 0 110 0 0.3 

Harbor seal ................... Phoca vitulina richardii Hood Canal ................. 1 280 1,225 2 n/a 2 n/a 

1 Level A harassment take is associated with impact pile driving of the 18-inch concrete square pile, which was not conducted in 2020–2021 as 

planned and is part of the subset of work to be completed in 2021–2022. 2Because the stock information is not considered current, there are no minimum abundance estimates to use for calculation. 

3Take of harbor porpoise and killer whale was included in the 2020 modified IHA (85 FR 86538; December 30, 2020); however, we do not 

take of either species to occur as a result of the remaining work that would be conducted under this renewal IHA. 


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Description of Proposed Mitigation, 

Monitoring and Reporting Measures 

The proposed mitigation, monitoring, 

and reporting measures included as 

requirements in this authorization are 

identical to those included in the 

Federal Register notice announcing the 

issuance of the modified IHA (85 FR 

86538; December 30, 2020), and the 

discussion of the least practicable 

adverse impact included in that 

document and the Notices of the 

proposed IHAs remains accurate. This 

IHA, if issued, would be valid from the 

date of issuance through July 15, 2022 

with construction activities occurring 

only during the pre-designated work 

window (July 16 through January 15). 

The following requirements, mitigation 

measures, monitoring, and reporting 

requirements are proposed for this 

renewal, as were previously included in 

the initial IHA and subsequent 

modification: 

Timing Restrictions—To minimize the 

number of fish exposed to underwater 

noise and other construction 

disturbance, in-water work will occur 

during the in-water work window 

previously described when ESA-listed 

salmonids are least likely to be presence 

(USACE, 2015), July 16 to January 15. 

All in-water construction activities 

will occur during daylight hours 

(sunrise to sunset) except from July 16 

to September 15, when impact pile 

driving will only occur starting 2 hours 

after sunrise and ending 2 hours after 

sunset, to protected foraging marbled 

murrelets during the nesting season 

(April 15–September 23). Sunrise and 

sunset are to be determined based on 

National Oceanic and Atmospheric 

Administration data, which can be 

found at http://www.srrb.noaa.gov/ 

highlights/sunrise/sunrise.html. 

Soft-Start—The use of a soft start 

procedure is believed to provide 

additional protection to marine 

mammals by warning or providing a 

chance to leave the area prior to the 

hammer operating at full capacity, and 

typically involves a requirement to 

initiate sound from the hammer at 

reduced energy followed by a 30 second 

waiting period, then two subsequent 

reduced energy strike sets. (The reduced 

energy of an individual hammer cannot 

be quantified because it varies by 

individual drivers. Also, the number of 

strikes will vary at reduced energy 

because raising the hammer at less than 

full power and then releasing it results 

in the hammer ‘‘bouncing’’ as it strikes 

the pile, resulting in multiple ‘‘strikes.’’) 

A soft-start procedure will be used for 

impact pile driving at the beginning of 

each day’s in-water pile driving or any 

time impact pile driving has ceased for 

more than 30 minutes. 

Establishment of Shutdown Zones 

and Disturbance Zones—To the extent 

possible, the Navy will record and 

report on any marine mammal 

occurrences, including behavioral 

disturbances, beyond 100 m for concrete 

pile installation. The Navy will monitor 

and record marine mammal 

observations within zones and 

extrapolate these values across the 

entirety of the Level B harassment zone 

as part of the final monitoring report. 

The shutdown zones are based on the 

distances from the source predicted for 

each threshold level. Although different 

functional hearing groups of cetaceans 

and pinnipeds were evaluated, the 

threshold levels used to develop the 

disturbance zones were selected to be 

conservative for cetaceans (and 

therefore at the lowest levels); as such, 

the disturbance zones for cetaceans 

were based on the high frequency 

threshold (harbor porpoise). The 

shutdown zones are based on the 

maximum calculated Level A 

harassment radius for pinnipeds and 

cetaceans during installation of concrete 

piles with impact techniques. These 

actions serve to protect marine 

mammals, allow for practical 

implementation of the Navy’s marine 

mammal monitoring plan and reduce 

the risk of a take. The shutdown zone 

during any non-pile driving activity will 

always be a minimum of 10 meters (m; 

33 feet (ft)) to prevent injury from 

physical interaction of marine mammals 

with construction equipment. 

During all pile driving, the shutdown, 

Level A harassment, and Level B 

harassment zones as shown in Table 4 

will be monitored out to the greatest 

extent possible with a focus on 

monitoring within 100 m for concrete 

pile installation. 

The isopleths delineating shutdown, 

Level A harassment, and Level B 

harassment zones during impact driving 

of all concrete piles are shown in Table 

4. The shutdown, Level A harassment, 

and Level B harassment isopleths for 

concrete impact driving remain 

unchanged from the notice of the 

issuance of the initial IHA (83 FR 30406; 

June 28, 2018). Note that the Shutdown 

Zone is larger than the Level A 

harassment isopleth which is larger than 

the Level B harassment isopleth for 

cetaceans, and that the Shutdown Zone 

is larger than the Level A harassment 

isopleth for harbor seals and sea lions. 

TABLE 4—SHUTDOWN, LEVEL A HARASSMENT, AND LEVEL B HARASSMENT ISOPLETHS DURING IMPACT DRIVING OF

CONCRETE PILES

Marine mammal group 

Level B 

harassment 

isopleth 

(meters) 

Level A 

harassment 

isopleth 

(meters) 

Shutdown 

zone 

(meters) 

Minimum 

monitoring 

zone for 

concrete piles 

Cetaceans 1 ...................................................................................................... 46 74 100 100 meters.2

Harbor seal ....................................................................................................... 46 19 35 

Sea Lions ......................................................................................................... 46 1 15 

1The take of harbor porpoise and killer whale was included in the 2020 modified IHA (85 FR 86538; December 30, 2020); however, we do not 

take of either species to occur as a result of the remaining work that would be conducted under this renewal IHA. Because of this, the Level A 

and B harassment isopleths and the Shutdown Zone for cetaceans is not likely to be relevant for this project. 2The Navy has noted in their renewal application that they will be monitoring a 100 meter radii from the project site, as practicable, in addition 

to the specified Level A and B harassment isopleths and the Shutdown Zone for each marine mammal group. 

Further, note that the radii of the 

disturbance zones may be adjusted if insitu acoustic monitoring is conducted 

by the Navy to establish actual distances 

to the thresholds for a specific pile type 

and installation method. However, any 

proposed acoustical monitoring plan 

must be pre-approved by NMFS. The 

results of any acoustic monitoring plan 

must be reviewed and approved by 

NMFS before the radii of any 

disturbance zones may be revised. 

As described above, and in the notice 

proposed (85 FR 74989; November 24, 

2020) and final modified IHA (85 FR 

86538; December 30, 2020), at the time 

of the modification to the initial IHA, 

PSOs had reported up to eight 


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individually identifiable harbor seals 

that were frequenting the project site 

and believed to be habituated by varying 

degrees to in-water construction 

activities. Based on the preliminary 

monitoring report provided by the Navy 

with their renewal application, a ninth 

seal has been noted in the area; however 

this seal has not been noted as an 

individual seen ‘‘daily’’ and therefore 

not necessitated any changes to the 

harbor seal-specific mitigation measures 

mentioned below. 

Even with a 35 m shutdown zone 

during impact driving, the Navy is still 

concerned that they would experience 

frequent work stoppages due to frequent 

visits by habituated harbor seals. This 

could result in continued schedule 

delays and cost overruns and could 

potentially require an extra year of inwater construction activities. Given this 

information, the Navy has indicated that 

it is not practicable for them to shut 

down or delay pile driving activities 

every time a harbor seal is observed in 

a shutdown zone. Therefore, they have 

proposed to apply identical measures to 

those in the modified IHA (85 FR 86538; 

December 30, 2020), in which 

shutdowns will be initiated for harbor 

seals when observed approaching or 

entering the Level A harassment zones 

as described above, except when one or 

more of the three habituated harbor 

seals identified as daily visitors 

approaches or enters an established 

shutdown zone. In such cases, a single 

take by Level A harassment shall be 

recorded for each individual seal for the 

entire day and operations will be 

allowed to continue without 

interruption; although the Navy must 

still shut down for these harbor seals if 

they occur within 10 m of the piledriving site. The behavior of these three 

daily visitors will be monitored and 

recorded as well as the duration of time 

spent within the harassment zones. This 

information will be recorded 

individually for each of the three seals. 

If any other seals, including the five 

habituated seals identified as frequent 

visitors, approaches or enters into a 

Level A harassment zone, shutdown 

must occur. 

The mitigation measures described 

above should reduce marine mammals’ 

potential exposure to underwater noise 

levels which could result in injury or 

behavioral harassment. Based on our 

evaluation of the applicant’s proposed 

measures, as well as other measures 

considered by NMFS, NMFS has 

preliminarily determined that the 

proposed mitigation measures provide 

the means effecting the least practicable 

impact on the affected species or stocks 

and their habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. 

Proposed Monitoring Measures 

Visual monitoring—PSOs will be 

positioned at the best practicable 

vantage points, taking into 

consideration security, safety, and space 

limitations. Each PSO location will have 

a minimum of one dedicated PSO (not 

including boat operators). There will be 

3–5 PSOs working depending on the 

location, site accessibility and line of 

sight for adequate coverage. Additional 

standards required for visual monitoring 

include: 

(a) Independent observers (i.e., not 

construction personal) are required; 

(b) At least one observer must have 

prior experience working as an observer; 

(c) Other observers may substitute 

education (degree in biological science 

or related field) or training for 

experience; 

(d) Where a team of three or more 

observers are required, one observer 

should be designated as lead observer or 

monitoring coordinator. The lead 

observer must have prior experience 

working as an observer; and 

Monitoring will be conducted by 

qualified observers, who will monitor 

for marine mammals and implement 

shutdown/delay procedures when 

applicable by calling for the shutdown 

to the hammer operator. Qualified 

observers are trained biologists, with the 

following minimum qualifications: 

(a) Visual acuity in both eyes 

(correction is permissible) sufficient for 

discernment of moving targets at the 

water’s surface with ability to estimate 

target size and distance; use of 

binoculars may be necessary to correctly 

identify the target; 

(b) Advanced education in biological 

science or related field (undergraduate 

degree or higher required); 

(c) Experience and ability to conduct 

field observations and collect data 

according to assigned protocols (this 

may include academic experience); 

(d) Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

(e) Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

(f) Writing skills sufficient to prepare 

a report of observations including but 

not limited to the number and species 

of marine mammals observed; dates and 

times when in-water construction 

activities were conducted; dates and 

times when in-water construction 

activities were suspended to avoid 

potential incidental injury from 

construction sound of marine mammals 

observed within a defined shutdown 

zone; and marine mammal behavior; 

and 

(g) Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

PSOs will survey the disturbance 

zone 15 minutes prior to initiation of 

pile driving through 30 minutes after 

completion of pile driving to ensure 

there are no marine mammals present. 

In case of reduced visibility due to 

weather or sea state, the PSOs must be 

able to see the shutdown zones or pile 

driving will not be initiated until 

visibility in these zones improves to 

acceptable levels. MMO Record forms 

(Appendix A of the original 2018 

application; see NMFS’s website) will 

be used to document observations. 

Survey boats engaged in marine 

mammal monitoring will maintain 

speeds equal to or less than 10 knots. 

PSOs will use binoculars and the 

naked eye to search continuously for 

marine mammals and will have a means 

to communicate with each other to 

discuss relevant marine mammal 

information (e.g., animal sighted but 

submerged with direction of last 

sighting). PSOs will have the ability to 

correctly measure or estimate the 

animals distance to the pile driving 

equipment such that records of any 

takes are accurate relevant to the pile 

size and type. 

Shutdown shall occur if a species for 

which authorization has not been 

granted or for which the authorized 

numbers of takes have been met. The 

Navy shall then contact NMFS within 

24 hours. 

If marine mammal(s) are present 

within or approaching a shutdown zone 

prior to pile driving, the start of these 

activities will be delayed until the 

animal(s) have left the zone voluntarily 

and have been visually confirmed 

beyond the shutdown zone, or 15 

minutes has elapsed without redetection of the animal. 

If animal is observed within or 

entering the Level B harassment zone 

during pile driving, a take would be 

recorded, behaviors documented. 

However, that pile segment would be 

completed without cessation, unless the 

animal approaches or enters the 

Shutdown Zone, at which point all pile 

driving activities will be halted. The 

PSOs shall immediately radio to alert 

the monitoring coordinator/construction 

contractor. This action will require an 

immediate ‘‘all-stop’’ on pile operations. 

Once a shutdown has been initiated, 

pile driving will be delayed until the 


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animal has voluntarily left the 

Shutdown Zone and has been visually 

confirmed beyond the Shutdown Zone, 

or 15 minutes have passed without redetection of the animal (i.e., the zone is 

deemed clear of marine mammals). 

All marine mammals observed within 

the disturbance zones during pile 

driving activities will be recorded by 

PSOs. These animals will be 

documented as Level A harassment or 

Level B harassment takes as appropriate. 

Additionally, all shutdowns shall be 

recorded. 

In the unanticipated event that: (1) 

The specified activity clearly causes the 

take of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury, serious injury or mortality; 

(2) an injured or dead animal is 

discovered and cause of death is known; 

or (3) an injured or dead animal is 

discovered and cause of death is not 

related to the project activities, the Navy 

will follow the protocols described in 

the Section 3 of Marine Mammal 

Monitoring Report (Appendix D of the 

original 2018 application). 

Proposed Reporting 

Reporting—PSOs must record specific 

information as described in the Federal 

Register notice of the issuance of the 

initial IHA (83 FR 30406; June 28, 2018) 

and the modified IHA (85 FR 86538; 

December 30, 2020). Within 90 days 

after completion of pile driving and 

removal activities, the Navy must 

provide NMFS with a monitoring report 

which includes summaries of recorded 

takes and estimates of the number of 

marine mammals that may have been 

harassed. If no comments are received 

from NMFS within 30 days, the draft 

final report will constitute the final 

report. If comments are received, a final 

report addressing NMFS comments 

must be submitted within 30 days after 

receipt of comments. 

In the unanticipated event that: (1) 

The specified activity clearly causes the 

take of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury, serious injury or mortality; 

(2) an injured or dead animal is 

discovered and cause of death is known; 

or (3) an injured or dead animal is 

discovered and cause of death is not 

related to the project activities, the Navy 

will follow the protocols described in 

the Section 3 of Marine Mammal 

Monitoring Report (Appendix D of the 

application). 

Comments and Responses 

As noted previously, NMFS published 

a notice of a proposed IHA for the initial 

IHA (83 FR 10689; March 12, 2018) and 

modified IHA (85 FR 74989; November 

24, 2020) and solicited public comments 

on both our proposal to issue the initial 

IHA (83 FR 30406; June 28, 2018) and 

modified IHA (85 FR 86538; December 

30, 2020) for pile driving and removal 

activities and on the potential for a 

renewal IHA, should certain 

requirements be met. All public 

comments were addressed in the notice 

announcing the issuance of the initial 

IHA (83 FR 30406; June 28, 2018) and 

the modified IHA (85 FR 86538; 

December 30, 2020). Below, we describe 

how we have addressed, with updated 

information where appropriate, any 

comments received that specifically 

pertain to the renewal of the 2018 IHA 

(83 FR 30406; June 28, 2018) and the 

modified IHA (85 FR 86538; December 

30, 2020). 

Comment: The Commission requested 

clarification of certain issues associated 

with NMFS’s notice that one-year 

renewals could be issued in certain 

limited circumstances and expressed 

concern that the renewal process, as 

proposed, would bypass the public 

notice and comment requirements. The 

Commission also suggested that NMFS 

should discuss the possibility of 

renewals through a more general route, 

such as a rulemaking, instead of notice 

in a specific authorization. The 

Commission further recommended that 

if NMFS did not pursue a more general 

route, that the agency provide the 

Commission and the public with a legal 

analysis supporting our conclusion that 

this process is consistent with the 

requirements of section 101(a)(5)(D) of 

the MMPA. 

Response: In prior responses to 

comments about IHA Renewals (e.g., 84 

FR 52464; October 02, 2019, and 85 FR 

53342, August 28, 2020), NMFS has 

explained how the Renewal process, as 

implemented, is consistent with the 

statutory requirements contained in 

section 101(a)(5)(D) of the MMPA, 

provides additional efficiencies beyond 

the use of abbreviated notices, and, 

further, promotes NMFS’ goals of 

improving conservation of marine 

mammals and increasing efficiency in 

the MMPA compliance process. 

Therefore, we intend to continue 

implementing the Renewal process. 

Preliminary Determinations 

The proposed action of this renewal 

IHA for the installation of concrete piles 

by impact pile driving would be 

identical to a subset of the activities 

previously analyzed in the 2018 IHA (83 

FR 30406; June 28, 2018), as listed in 

Table 2. Based on the analysis detailed 

in the notice of the final IHA for the 

2018 authorization and subsequent 2020 

modification, of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

monitoring and mitigation measures, 

NMFS found that the total marine 

mammal take from the activity will have 

a negligible impact on all affected 

marine mammal species or stocks. 

NMFS has preliminarily concluded 

that there is no new information 

suggesting that our analysis or findings 

should change from those reached for 

the initial IHA (83 FR 30406; June 28, 

2018). This includes consideration of 

the estimated abundance of the stocks 

for Steller sea lions (Eastern United 

States) and killer whales (West Coast 

transient), increasing slightly, and the 

estimated abundance for the stock of 

California sea lions (United States) 

decreasing slightly. Based on the 

information and analysis contained here 

and in the referenced documents, NMFS 

has determined the following: 

(1) The required mitigation measures 

will effect the least practicable impact 

on marine mammal species or stocks 

and their habitat; 

(2) The authorized takes will have a 

negligible impact on the affected marine 

mammal species or stocks; 

(3) The authorized takes represent 

small numbers of marine mammals 

relative to the affected stock 

abundances; 

(4) The Navy’s activities will not have 

an unmitigable adverse impact on taking 

for subsistence purposes as no relevant 

subsistence uses of marine mammals are 

implicated by this action, and; 

(5) Appropriate monitoring and 

reporting requirements are included. 

Endangered Species Act 

No incidental take of ESA-listed 

species is proposed for authorization or 

expected to result from this activity. 

Therefore, NMFS has determined that 

formal consultation under section 7 of 

the ESA is not required for this action. 

Proposed Renewal IHA and Request for 

Public Comment 

As a result of these preliminary 

determinations, NMFS proposes to issue 

a renewal IHA to the Navy for 

conducting impact pile driving at Naval 

Base Kitsap Bangor in Silverdale, 

Washington during the in-water 

construction window of July 16 through 

January 15, provided the previously 

described mitigation, monitoring, and 

reporting requirements are incorporated. 

A draft of the proposed and final initial 

IHA can be found at https://

www.fisheries.noaa.gov/action/ 

incidental-take-authorization-servicepier-extension-project-naval-basekitsap-bangor. We request comment on 


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Federal Register / Vol. 86, No. 135 / Monday, July 19, 2021 / Notices 38033 

our analyses, the proposed renewal IHA, 

and any other aspect of this Notice. 

Please include with your comments any 

supporting data or literature citations to 

help inform our final decision on the 

request for MMPA authorization. 

Dated: July 14, 2021. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2021–15238 Filed 7–16–21; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XB203] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Site 

Characterization Surveys Off the Coast 

of Massachusetts and Rhode Island 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an incidental 

harassment authorization (IHA) to 

Mayflower Wind Energy LLC 

(Mayflower) to incidentally harass, by 

Level B harassment only, marine 

mammals during site characterization 

surveys off the coast of Massachusetts 

and Rhode Island in the area of the 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf (OCS–A 

0521) and along a potential submarine 

cable route to landfall at Falmouth, 

Massachusetts and Narragansett Bay. 

DATES: This authorization is effective 

from July 1, 2021 through June 30, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/permit/ 

incidental-take-authorizations-undermarine-mammal-protection-act. In case 

of problems accessing these documents, 

please call the contact listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. Sections 101(a)(5)(A) and 

(D) of the MMPA (16 U.S.C. 1361 et 

seq.) direct the Secretary of Commerce 

(as delegated to NMFS) to allow, upon 

request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

incidental take authorization may be 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

Summary of Request 

On October 23, 2020, NMFS received 

a request from Mayflower for an IHA to 

take marine mammals incidental to site 

characterization surveys in the area of 

the Commercial Lease of Submerged 

Lands for Renewable Energy 

Development on the Outer Continental 

Shelf (OCS–A 0521; Lease Area) and a 

submarine export cable route 

connecting the Lease Area to landfall in 

Falmouth, Massachusetts. A revised 

application was received on December 

15, 2020. NMFS deemed that request to 

be adequate and complete on February 

1, 2021. A notice of a proposed IHA was 

published in the Federal Register on 

March 1, 2021 (85 FR 11930). After 

publication of the proposed IHA 

Mayflower determined that they needed 

to add an additional export cable route 

corridor to their survey plan. Mayflower 

originally had proposed two separate 

but parallel export cable routes that 

would run north from the Lease Area 

between Martha’s Vineyard and 

Nantucket islands through Nantucket 

Sound to a landfall location in 

Falmouth, MA. As part of the 

modification, Mayflower plans to 

eliminate the easternmost export cable 

corridor route between Martha’s 

Vineyard and Nantucket and replace it 

with an export cable corridor route that 

runs south of Martha’s Vineyard 

through Narragansett Bay to an 

unspecified landfall location in the Bay. 

The westernmost export cable route 

corridor to Falmouth, MA remains 

unchanged from the initial proposed 

IHA. Therefore, a final IHA was not 

issued and Mayflower submitted a 

modified application on April 19, 2021. 

NMFS published a notice of a modified 

proposed IHA on May 20, 2021 (86 FR 

27393). Mayflower’s request was for 

take of a small number of 14 species of 

marine mammals by Level B harassment 

only. Neither Mayflower nor NMFS 

expects serious injury or mortality to 

result from this activity and, therefore, 

an IHA is appropriate. 

NMFS previously issued an IHA to 

Mayflower for similar work (85 FR 

45578; July 29, 2020) in the same Lease 

Area and along the same submarine 

cable route connected to Falmouth, MA 

that is effective from July 23, 2020 

through July 22, 2021. However, the 

survey activity conducted under that 

IHA concluded on October 23, 2020. 

Mayflower submitted a marine mammal 

monitoring report and complied with all 

the requirements (e.g., mitigation, 

monitoring, and reporting) of the 

previous IHA. Information regarding 

their monitoring results may be found in 

the Estimated Take section. 

Description of the Specified Activity 

Mayflower plans to conduct marine 

site characterization surveys, including 

high-resolution geophysical (HRG) and 

geotechnical surveys, in the area of 

Commercial Lease of Submerged Lands 

for Renewable Energy Development on 

the Outer Continental Shelf #OCS–A 

0521 (Lease Area) and along potential 

submarine cable routes to landfall at 

Falmouth, Massachusetts and 

Narragansett Bay. 

The objective of the activities is to 

acquire high resolution geophysical 

(HRG) and geotechnical data on the 

bathymetry, seafloor morphology, 

subsurface geology, environmental/ 

biological sites, seafloor obstructions, 

soil conditions, and locations of any 

man-made, historical or archaeological 

resources within Lease Area OCS–A 

0521 which is located approximately 20 

nautical miles (38 kilometers (km)) 

south-southwest of Nantucket, 

Massachusetts covering approximately 

515 km2 and along the two planned 

export cable route corridors described 

above. 


lotter on DSK11XQN23PROD with NOTICES1